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TITLE | Supreme Court Decision 2018Du67251 Decided June 25, 2020 ¡¼Damages (Etc.)¡½ [full Text] |
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Summary | |
[1] In a case involving the residents¡¯ request for inspection pursuant to Article 16(1) of the Local Autonomy Act, whether ¡°it shall be found that the relevant affairs have been handled in violation of statutes or their performance substantially undermines public interest¡± constitutes a requirement for the lawfulness of the residents¡¯ request for inspection or residents¡¯ lawsuit (negative) [2] In a case where, although the residents¡¯ request for inspection satisfies all of the requirements for lawfulness required by the Local Autonomy Act, the inspection authority misconstrued the relevant request as unlawful and issued a decision dismissing the said request without further proceeding to conduct a specific investigation or make a determination in this regard, whether the residents who have filed a request for inspection may bring a lawsuit, which is the relief procedure provided as a next step in the Local Autonomy Act, instead of contesting the said unlawful decision in a separate appeal procedure (affirmative) |
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